Administration Cancellation And Its Relief Of Litigation

Administration cancellation is that the original administrative departments or their upper administrative departments show the wills that dismiss the legal effects of the illegal or improper administrations according to the legal powers or applications and the procedures. This kind behavior is administrative departments' power. From this point of view, administrative departments have enough the authority. Restricting rules, however, are made in the authority of administration cancellation in the countries and areas their administrative departments have the authority, to protect the trusted benefit of the opposite people, the public interests, and legal stability.In our country, there are some indistinct contents on administration cancellation in Act on Administrative Punishment and Act on Administrative Permission, which including administration cancellation enjoyed by the original administrative organs. But there are not some issues such as the conditions, principles and procedures the cancellation should comply with, and the legal responsibility administrative bodies should shoulder and the capability and way of relief after canceling. It is very obvious that administration offices freely perform the power of cancellation, which is not controlled in our country. this violates the principles and spirits of the modern rule of law, not benefits legal right and interest and trusted interest of opposite people, and easily destroy legal stability and public interest. therefore, it is quite to strengthen legal construction, to normalize the cancellation, and to give the opposite people the right of relief for establishing the satisfactory system of relief.This article is made of the introduction and three chapters. The introduction chiefly shows the starting point and the main contents of the article. The chapter one mainly discusses the meaning, basic characteristics, nature, principles and jurisprudence backing of administration cancellation and how to make the suit of the power of administration cancellation. The chapter two analyses the kinds and ways of the relief of the cancellation and argues the relief from the People's Congresses and the administrative bodies, from necessarity of the relief of administration cancellation. the chapter three demonstrates the relief of litigation which is important contents in the relief of administration cancellation including the possibility of litigation to the cancellation, the received extent by the litigation, the parties, the trial and the judge.